Chapter 2716: GARNISHMENT

(A)
A person who
obtains a judgment against another person may garnish the personal earnings of
the person against whom judgment was obtained only through a proceeding in
garnishment of personal earnings and only in accordance with this chapter.

(B)
A person who obtains a
judgment against another person may garnish the property, other than personal
earnings, of the person against whom judgment was obtained, if the property is
in the possession of a person other than the person against whom judgment was
obtained, only through a proceeding in garnishment and only in accordance with
this chapter.

(1)
"Employer" means a person who is
required to withhold taxes out of payments of personal earnings made to a
judgment debtor.

(2)
"Personal
earnings" means money, or any other consideration or thing of value, that is
paid or due to a person in exchange for work, labor, or personal services
provided by the person to an employer.

(3)
"Judgment creditor" means a person who
has obtained a judgment in a civil action against another person.

(4)
"Judgment debtor" means a person against
whom a judgment has been obtained in a civil action.

(5)
"Support order" has the same meaning as
in section
3119.01 of the Revised Code.

(A)
Any person seeking an order of
garnishment of personal earnings, after obtaining a judgment, shall make the
following demand in writing for the excess of the amount of the judgment over
the amount of personal earnings that may be exempt from execution, garnishment,
attachment, or sale to satisfy a judgment or order, or for so much of the
excess as will satisfy the judgment. The demand shall be made after the
judgment is obtained and at least fifteen days and not more than forty-five
days before the order is sought by delivering it to the judgment debtor by
personal service by the court, by sending it to the judgment debtor by
certified mail, return receipt requested, or by sending it to the judgment
debtor by regular mail evidenced by a properly completed and stamped
certificate of mailing by regular mail, addressed to the judgment debtor's last
known place of residence.

The demand shall be in
substantially the following form:

"NOTICE OF COURT PROCEEDING TO COLLECT DEBT

Date of mailing or date of service by the court ..............

To: ..............................

(Name of Judgment Debtor)

..................................

(Last Known Residence Address of Judgment Debtor)

You owe the undersigned ....................... (Name of
Judgment Creditor) $.........., including interest and court costs, for which a
judgment was obtained against you or certified in the .......... court on
.........., payment of which is hereby demanded.

If you do not do one of the three things listed below within
fifteen days of the date of the mailing of this notice or of its service by the
court, we will go to court, unless we are otherwise precluded by law from doing
so, and ask that your employer be ordered to withhold money from your earnings
until the judgment is paid in full or, if applicable, is paid to a certain
extent and to pay the withheld money to the court in satisfaction of your debt.
This is called garnishment of personal earnings.

It is to your advantage to avoid garnishment of personal
earnings because the placing of the extra burden on your employer possibly
could cause you to lose your job.

YOU CAN AVOID THE GARNISHMENT BY DOING ONE OF THESE THREE
THINGS WITHIN THE FIFTEEN-DAY PERIOD:

(2)
Complete the attached form entitled
"Payment to Avoid Garnishment" and return it to us with the payment, if any,
shown due on it; or

(3)
Apply to
your local municipal or county court or, if you are not a resident of Ohio, to
the municipal or county court in whose jurisdiction your place of employment is
located, for the appointment of a trustee to receive the part of your earnings
that is not exempt from garnishment, and notify us that you have applied for
the appointment of a trustee. You will be required to list your creditors, the
amounts of their claims, and the amounts due on their claims, and the amount
you then will pay to your trustee each payday will be divided among them until
the debts are paid off. This can be to your advantage because in the meantime
none of those creditors can garnish your wages.

You also may contact a budget and debt counseling service
described in division (D) of section
2716.03 of the Revised Code for
the purpose of entering into an agreement for debt scheduling. There may not be
enough time to set up an agreement for debt scheduling in order to avoid a
garnishment of your wages based upon this demand for payment, but entering into
an agreement for debt scheduling might protect you from future garnishments of
your wages. Under an agreement for debt scheduling, you will have to regularly
pay a portion of your income to the service until the debts subject to the
agreement are paid off. This portion of your income will be paid by the service
to your creditors who are owed debts subject to the agreement. This can be to
your advantage because these creditors cannot garnish your wages while you make
your payments to the service on time.

..............................

(Name of Judgment Creditor)

..............................

(Signature of Judgment Creditor or Judgment Creditor's
Attorney)

..............................

..............................

..............................

(Address of Judgment Creditor)

PAYMENT TO AVOID GARNISHMENT

To: ..............................

(Name of Judgment Creditor)

..................................

..................................

(Address of Judgment Creditor)

To avoid the garnishment of personal earnings of which you have
given me notice, I enclose $ ............... to apply toward my indebtedness to
you. The amount of the payment was computed as follows:

2.
Enter the amount of
your personal earnings, after deductions required by law, earned by you during
the current pay period (that is, the pay period in which this demand is
received by you): (2) $..........

(A)
The current federal minimum hourly wage
is .......... (to be filled in by Judgment Creditor) (You should use the above
figure to complete this portion of the form.)

If you are paid weekly, enter thirty times the current federal
minimum hourly wage; if paid biweekly, enter sixty times the current federal
minimum hourly wage; if paid semimonthly, enter sixty-five times the current
federal minimum hourly wage; if paid monthly, enter one hundred thirty times
the current federal minimum hourly wage: (5)(A) ........

(B)
Enter the amount by which the amount on
line (2) exceeds the amount on line 5(A):(5)(B) ........

6.
Enter the smallest of the amounts on line
(1), (4), or 5(B). Send this amount to the judgment creditor along with this
form after you have signed it: (6) $..........

I certify that the statements contained above are true to the
best of my knowledge and belief.

.......................................

(Signature of Judgment Debtor)

.......................................

.......................................

.......................................

(Print Name and Residence Address of Judgment Debtor)

(To verify that the amount shown on line (2) is a true
statement of your earnings, you must either have your employer certify below
that the amount shown on line (2) is a true statement of your earnings or you
may submit copies of your pay stubs for the two pay periods immediately prior
to your receiving this notice.)

I certify that the amount shown on line (2) is a true statement
of the judgment debtor's earnings.

.......................................

(Print Name of Employer)

.......................................

(Signature of Employer or Agent)

I certify that I have attached copies of my pay stubs for the
two pay periods immediately prior to my receiving this notice.

......................................

(Signature of Judgment Debtor)"

(B)
If a judgment debtor properly
completes a payment to avoid garnishment and returns it with the required funds
to the judgment creditor or the judgment creditor's attorney, the judgment
creditor or the judgment creditor's attorney who issued the notice of court
proceeding to collect debt may not issue another notice of court proceeding to
collect debt to the judgment debtor until the expiration date of the judgment
debtor's present pay period that is set forth by the judgment debtor and the
judgment debtor's employer in the answer to (3)(B) in the payment to avoid
garnishment.

(C)
If an order of
garnishment of personal earnings issued pursuant to this chapter has not been
paid in full when it ceases to remain in effect because of the operation of
division (C)(1) of section
2716.041 of the Revised Code, the
garnishee's duties under the order of garnishment are complete with the filing
of the final report and answer of the garnishee. The judgment creditor must
institute new garnishment proceedings if the judgment creditor wants an
additional garnishment.

(A)
Subject to the
limitation on the commencement of proceedings contained in division (B) of
section 124.10 of the Revised Code, a
proceeding in garnishment of personal earnings may be commenced after a
judgment has been obtained by a judgment creditor by the filing of an affidavit
in writing made by the judgment creditor or the judgment creditor's attorney
setting forth all of the following:

(1)
The
name of the judgment debtor whose personal earnings the judgment creditor seeks
to garnish;

(2)
The name and
address of the garnishee who may be an employer of the judgment debtor and who
may have personal earnings of the judgment debtor ;

(3)
That the demand in writing, as required
by section
2716.02 of the Revised Code, has
been made;

(4)
That the payment
demanded in the notice required by section
2716.02 of the Revised Code has
not been made, and a sufficient portion of the payment demanded has not been
made to prevent the garnishment of personal earnings as described in section
2716.02 of the Revised Code;

(5)
That the affiant has no
knowledge of any application by the judgment debtor for the appointment of a
trustee so as to preclude the garnishment of the judgment debtor's personal
earnings;

(6)
That the affiant has
no knowledge that the debt to which the affidavit pertains is the subject of a
debt scheduling agreement of a nature that precludes the garnishment of the
personal earnings of the judgment debtor under division (B) of this section.

(B)
No proceeding in
garnishment of personal earnings shall be brought against a judgment debtor for
the collection of a debt that is the subject of an agreement for debt
scheduling between the judgment debtor and a budget and debt counseling
service, unless any payment to be made by the judgment debtor, or by a budget
and debt counseling service to the judgment creditor under the agreement for
debt scheduling between the judgment debtor and the budget and debt counseling
service, is due and unpaid for more than forty-five days after the date on
which the payment became due, or unless the judgment creditor previously was
notified by the service that the debt scheduling agreement between the judgment
debtor and the service was terminated.

(C)
Upon a court's issuance of an order of
garnishment of personal earnings following a judgment creditor's filing of an
affidavit under this section and compliance with section
2716.04 of the Revised Code, the
garnishee and the judgment debtor shall be notified of the proceeding in
garnishment of personal earnings in accordance with sections
2716.05 and
2716.06 of the Revised Code.

(1)
A "budget and debt counseling service" or
"service" means a corporation organized under Chapter 1702. of the Revised Code
for the purpose of counseling consumers with respect to their financial
obligations and assisting them in dealing with their creditors.

(2)
"Debt scheduling" means counseling and
assistance provided to a consumer by a budget and debt counseling service under
all of the following circumstances:

(a)
The
counseling and assistance is manifested in an agreement between the consumer
and the service under which the consumer regularly pays that portion of the
consumer's income to the service that has been determined not to be required
for the maintenance of health or the essentials of life.

(b)
The payments are made to the service
until the debts of the consumer that are the subject of the agreement are fully
retired.

(c)
The service has sent
written notice, by certified mail, return receipt requested, or by regular mail
evidenced by a properly completed and stamped certificate of mailing by regular
mail, to the creditors of the consumer that are disclosed by the consumer to
the service. The notice shall contain all of the following:

(i)
A statement of the consumer's intent to
participate in debt scheduling;

(iii)
A statement of the
particular creditor's duty to respond, in writing, to the service regarding the
consumer's participation in debt scheduling within fifteen days after receiving
the notice.

(d)
The
debts of the consumer that are the subject of the agreement for debt scheduling
are determined as follows:

(i)
Any debt owed
to a creditor that was notified of the consumer's intent to participate is a
subject of the agreement if the creditor responds to the service and enters
into an agreement with the service, pursuant to which the creditor agrees not
to attempt to collect the debts of the consumer as long as the consumer
regularly pays to the service the amount previously agreed upon by the service
and the consumer, and no payment to be made by the judgment debtor to the
service or by the service to the creditor is due and unpaid for more than
forty-five days after the date on which the payment became due, as long as the
debt scheduling agreement between the consumer and the service has not been
terminated, and as long as the service regularly pays to the creditor a
mutually acceptable amount that is either the amount agreed upon by the service
and the creditor on the date they entered into their original agreement or an
amount agreed upon by both the service and the creditor on a date after the
date of the original agreement.

(ii)
Any debt owed to a creditor that was
notified of the consumer's intent to participate is a subject of the agreement
if the creditor does not respond to the service and state the creditor's
objection, in writing, to the consumer's participation in debt scheduling
within fifteen days after receiving notice of the consumer's intention to do
so; however, no debt that is subject to a lien or security interest of any
type, other than a judgment lien or execution lien, shall be a subject of the
agreement unless the creditor specifically assents, in writing, to the debt
being a subject of the agreement. The creditor shall be considered to have
entered into an agreement of the type described in division (D)(2)(d)(i) of
this section, and the amount to be regularly paid by the service to the
creditor shall be an amount determined to be reasonable by the service or an
amount agreed upon by both the service and the creditor on a date after the
expiration of the fifteen-day period.

(iii)
Any debt owed to a creditor that was
not notified of the consumer's intent to participate, or a debt owed to a
creditor that was notified of the consumer's intent to participate and that
responded to the service and stated its objection, in writing, to the
consumer's participation in debt scheduling within fifteen days after receiving
notice of the consumer's intention to do so, is not a subject of the agreement.

(e)
The service agrees
that, if the consumer fails to make a payment under the agreement within
forty-five days of its due date or if the agreement is terminated, the service
will notify each creditor that is owed a debt that is subject to the agreement
of the failure or termination by regular mail within two business days of the
failure or termination, and the service provides that notice in accordance with
the agreement.

(A)
The judgment
creditor or judgment creditor's attorney shall file with the court, the
garnishee, and the judgment debtor an affidavit of current balance due on
garnishment order that contains the current balance due on the order. The
judgment creditor or attorney shall file the affidavit on an annual basis.

(B)
At any time after the filing
of the original affidavit of garnishment, the judgment creditor or the judgment
creditor's attorney may file with the court, the garnishee, and the judgment
debtor an affidavit of current balance due on garnishment order that contains
the current balance due on the order.

(C)
An affidavit of current balance due on
garnishment order shall contain the name of the court issuing the order, the
case number, the caption of the case, the original amount of the judgment that
is the basis of the order, the accrued interest to date, the court costs
assessed to date, all moneys paid to the judgment creditor and the judgment
creditor's attorney on the judgment to date, the current balance due, the name
and address of the judgment creditor and the judgment creditor's attorney, and
the date of the affidavit. The judgment creditor or judgment creditor's
attorney shall serve the affidavit upon the judgment debtor by personally
delivering it to the judgment debtor by personal service, by sending it to the
judgment debtor by certified mail, return receipt requested, or by sending it
to the judgment debtor by regular mail evidenced by a properly completed and
stamped certificate of mailing by regular mail, addressed to the judgment
debtor's last known place of residence. A certificate of service upon the
judgment debtor shall be attached to each affidavit of current balance due on
garnishment order.

(D)
Court costs
shall not be assessed for filing the affidavit of current balance due on
garnishment order with the court.

(1)
When
a judgment creditor or a judgment creditor's attorney issues an affidavit of
current balance due on garnishment order in accordance with division (A) of
this section, the judgment creditor or the judgment creditor's attorney shall
comply with division (E) of this section and serve the notice and request for
hearing upon the judgment debtor in accordance with division (E) of this
section.

(a)
The notice to the judgment debtor that
the judgment creditor or the judgment creditor's attorney is required to serve
on and deliver to the judgment debtor shall be in substantially the following
form:

"(Name and Address of the Court)

(Case Caption)

Case No. ..........

NOTICE TO THE JUDGMENT DEBTOR

You are hereby notified that the judgment creditor in this
proceeding has issued an affidavit of current balance due on garnishment order
in the above case. The document entitled "AFFIDAVIT OF CURRENT BALANCE DUE ON
GARNISHMENT ORDER" that is enclosed with this notice shows the original amount
of the judgment that was the basis of the garnishment order, the accrued
interest to date, the court costs assessed to date, all moneys paid to the
judgment creditor and the judgment creditor's attorney on the judgment to date,
and the current balance due on the judgment.

If you dispute the judgment creditor's determination of these
amounts or if you believe that this affidavit is improper for any other reason,
you may request a hearing before this court by disputing the affidavit in the
request for hearing form, appearing below, or in a substantially similar form,
and delivering the request for hearing to this court at the above address, at
the office of the clerk of this court, no later than the end of the fifth
business day after you receive this notice. You may state your reasons for
disputing the judgment creditor's determination of the amounts shown in the
"AFFIDAVIT OF CURRENT BALANCE DUE ON GARNISHMENT ORDER" in the space provided
on the form; however, you are not required to do so. If you do state your
reasons for disputing the judgment creditor's determination, you are not
prohibited from stating any other reason at the hearing. If you do not state
your reasons, it will not be held against you by the court, and you can state
your reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE HEARD
OR CONSIDERED AT THE HEARING. The hearing will be limited to a consideration of
the amount currently due on the judgment you owe to the judgment creditor.

If you request a hearing by delivering your request for hearing
not later than the end of the fifth business day after you receive this notice,
the court will conduct the hearing no later than twelve days after your request
is received by the court, and the court will send you notice of the date, time,
and place. You may indicate in the form that you believe that the need for the
hearing is an emergency and that it should be given priority by the court. If
you do so, the court will schedule the hearing as soon as practicable after
your request is received and will send you notice of the date, time, and place.
If you do not request a hearing by delivering your request for hearing not
later than the end of the fifth business day after you receive this notice,
some of your personal earnings will continue to be paid to the judgment
creditor until the judgment is satisfied.

If you have any questions concerning this matter, you may
contact the office of the clerk of this court. If you want legal
representation, you should contact your lawyer immediately. If you need the
name of a lawyer, you should contact the local bar association.

..............................................................

Judgment Creditor or

Judgment Creditor's Attorney

..............................................................

Date"

(b)
The request for hearing form that the judgment creditor or the judgment
creditor's attorney is required to serve on and deliver to the judgment debtor
shall have attached to it a postage-paid, self-addressed envelope or shall be
on a postage-paid, self-addressed postcard, and shall be in substantially the
following form:

"(Name and Address of Court)

Case Number ........... Date ..............

REQUEST FOR HEARING

I dispute the judgment creditor's determination of current
balance due on garnishment order in the above case and request that a hearing
in this matter be held not later than twelve days after delivery of this
request to the court.

I ............ believe that the need for

(Insert "do" or "do not") the hearing is an emergency.

I dispute the judgment creditor's determination for the
following reasons:

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS
COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT
TO A HEARING, AND SOME OF YOUR PERSONAL EARNINGS WILL CONTINUE TO BE PAID TO
(JUDGMENT CREDITOR'S NAME) IN SATISFACTION OF YOUR DEBT TO THE JUDGMENT
CREDITOR."

(F)
The judgment debtor
may receive a hearing in accordance with this division by delivering a written
request for a hearing to the clerk of the court within five business days after
receipt of the notice provided pursuant to division (E) of this section. The
request may set forth the judgment debtor's reasons for disputing the judgment
creditor's determination of the current balance due on garnishment order;
however, neither the judgment debtor's inclusion of nor the judgment debtor's
failure to include those reasons upon the request constitutes a waiver of any
defense of the judgment debtor or affects the judgment debtor's right to
produce evidence at the hearing. If the request is made by the judgment debtor
within the prescribed time, the court shall schedule a hearing no later than
twelve days after the request is made, unless the judgment debtor indicated
that the judgment debtor believed the need for the hearing was an emergency, in
which case the court shall schedule the hearing as soon as practicable after
the request is made. The court shall send notice of the date, time, and place
of the hearing to the parties in accordance with division (H) of this section.
The hearing shall be limited to a consideration of the amount of the current
balance due on the garnishment order, if any.

(G)
If the judgment debtor does not request a
hearing within the prescribed time pursuant to division (F) of this section,
the garnishee shall continue to pay some of the judgment debtor's personal
disposable earnings into court. If a hearing is conducted, the court shall
determine at the hearing the amount owed by the judgment debtor to the judgment
creditor and issue an order, accordingly, to the garnishee to pay that amount,
calculated each pay period at the statutory percentage, of the personal
disposable earnings into court. If the court determines that the judgment
debtor has overpaid on the judgment, the court shall issue an order to the
judgment creditor to pay that amount to the judgment debtor and issue an order
terminating the garnishment. If the court determines that the judgment is
satisfied, then the court shall issue an order terminating the garnishment.

(H)
If the judgment debtor
requests a hearing within the prescribed time pursuant to division (F) of this
section, the clerk shall send a notice of the date, time, and place of the
hearing by regular mail to the judgment creditor or the judgment creditor's
attorney and the judgment debtor.

The affidavit required by section
2716.03 of the Revised Code in a
proceeding for garnishment of personal earnings shall be accompanied by the
return receipt requested for the written demand made pursuant to section
2716.02 of the Revised Code, the
unclaimed letter, or a photographic or other direct image copy of the receipt
or letter if the demand was sent by certified mail, return receipt requested;
by proof of service by the court of the demand; or by a properly completed and
stamped certificate of mailing by regular mail, a photographic or other direct
image copy of the demand, and a sworn statement that it was sent by regular
mail. The clerk shall serve a copy of the affidavit on the garnishee.

(A)
When a
municipal court, county court, or court of common pleas issues an order of
garnishment of personal earnings following a judgment creditor's filing of an
affidavit in accordance with section
2716.03 of the Revised Code and
the judgment creditor's compliance with section
2716.04 of the Revised Code, the
order shall operate in the manner described in this section, be served upon the
garnishee in accordance with section
2716.05 of the Revised Code, be
answered by the garnishee in accordance with division (E) of this section and
sections 2716.05 and
2716.21 of the Revised Code, and
be served upon the judgment debtor in accordance with section
2716.06 of the Revised Code.

(B)
Except as otherwise provided
in this section, an order of garnishment of personal earnings shall be a
continuous order that requires the garnishee to withhold a specified amount
calculated each pay period at the statutory percentage from the judgment
debtor's personal disposable earnings during each pay period of the judgment
debtor commencing with the first full pay period beginning after the garnishee
receives the order until the judgment in favor of the judgment creditor and the
associated court costs, judgment interest, and, if applicable, prejudgment
interest awarded to the judgment creditor have been paid in full. For this
purpose, the order of garnishment of personal earnings shall specify the total
probable amount due on the judgment; shall state that that total probable
amount includes the unpaid portion of the judgment in favor of the judgment
creditor and specify that unpaid portion; shall state that that total probable
amount includes judgment interest and, if applicable, prejudgment interest at
the rate prescribed in division (A) of section
1343.03 of the Revised Code or a
different rate provided in a written contract and specify the applicable
interest rate; and shall state that that total probable amount includes the
court costs awarded to the judgment creditor and specify the amount of those
court costs.

(1)
A continuous order of garnishment of
personal earnings described in division (B) of this section remains in effect
until whichever of the following first occurs:

(a)
The total probable amount due on the
judgment described in division (B) of this section is paid in full to the
judgment creditor as a result of the garnishee's withholding of the specified
amount from the judgment debtor's personal disposable earnings during each pay
period of the judgment debtor commencing with the first full pay period
beginning after the garnishee receives the order.

(b)
The judgment creditor files with the
court that issued the order, and serves upon the garnishee and judgment debtor
in the same manner as a summons is served, either a written notice that the
total probable amount due on the judgment described in division (B) of this
section has been paid in full to the judgment creditor in the manner described
in division (C)(1)(a) of this section or otherwise has been satisfied or a
written request to terminate the order of garnishment and release the garnishee
from the mandate of the order of garnishment.

(c)
A municipal or county court appoints a
trustee for the judgment debtor pursuant to section
2329.70 of the Revised Code and
issues to the garnishee an order that stays the continuous order of garnishment
of personal earnings.

(d)
A
bankruptcy court of the United States issues to the garnishee an order that
stays the continuous order of garnishment of personal earnings.

(e)
A municipal or county court or a court of
common pleas issues to the garnishee another order of garnishment of personal
earnings that relates to the same judgment debtor and a different judgment
creditor, and the law of this state or of the United States provides that the
other order of garnishment of personal earnings has a higher priority than the
pending continuous order of garnishment of personal earnings. A higher priority
order of that nature may include, but is not limited to, a support order and an
internal revenue service levy.

(f)
A municipal or county court or a court of common pleas issues to the garnishee
another order of garnishment of personal earnings that relates to the same
judgment debtor and a different judgment creditor and that is not described in
division (C)(1)(e) of this section.

(2)
If the circumstances described in
division (C)(1)(e) or (f) of this section apply to a continuous order of
garnishment of personal earnings, division (D) of this section also applies to
the garnishee and that order.

(3)
As long as a continuous order of garnishment of personal earnings with respect
to a particular judgment debtor and a particular judgment creditor remains in
effect or, if the circumstances described in division (C)(1)(e) or (f) of this
section apply to an order of that nature, as long as division (D) of this
section applies to the garnishee and an order of that nature, the particular
judgment creditor may not file in any municipal or county court or any court of
common pleas another affidavit as described in section
2716.03 of the Revised Code that
pertains to the particular judgment debtor and the same judgment that underlies
the order.

(a)
Subject to divisions (C)(1) and (D) of
this section and section
2716.05 of the Revised Code, a
garnishee to whom a municipal or county court or court of common pleas issues a
continuous order of garnishment of personal earnings shall pay to the court
within thirty days after each pay period of the judgment debtor ends the
amount, calculated each pay period at the statutory percentage, that the order
specifies to be withheld from the judgment debtor's personal disposable
earnings during each pay period of the judgment debtor commencing with the
first full pay period beginning after the garnishee receives the order. The
payment to the court of that amount calculated each pay period at the statutory
percentage shall be accompanied by the garnishee's interim report and answer
that shall be substantially in the form set forth in section
2716.07 of the Revised Code and
shall specifically state all of the following:

(i)
The date that the garnishee received the
continuous order of garnishment of personal earnings;

(ii)
The total probable amount due on the
judgment, as described in division (B) of this section;

(iii)
The amount of the judgment debtor's
personal disposable earnings that has been withheld for the particular pay
period and that is being submitted with the interim report and answer.

(b)
A garnishee shall
prepare each interim report and answer in triplicate, shall submit one complete
and signed copy of that document to the court in accordance with division
(C)(4)(a) of this section, shall retain one complete and signed copy of that
document for the garnishee's records, and shall deliver one complete and signed
copy of that document to the judgment debtor.

(c)
A garnishee to whom a municipal or county
court or court of common pleas issues a continuous order of garnishment of
personal earnings may electronically perform both of the following:

(i)
Pay to the court the amount calculated
each pay period at the statutory percentage of the judgment debtor's personal
disposable earnings that the order specifies to be withheld from the judgment
debtor's personal disposable earnings by electronic transfer of funds if the
court permits payment to be made electronically;

(ii)
File the garnishee's interim report and
answer or the garnishee's final report and answer by electronic image
transmission if the clerk of the court permits the filing of documents
electronically.

(d)
A
garnishee to whom a municipal or county court or court of common pleas issues a
continuous order of garnishment of personal earnings shall file with the court
the garnishee's interim report and answer for each pay period of the judgment
debtor for which an amount from the judgment debtor's personal disposable
earnings during that pay period was withheld for that order. The garnishee is
not required to file an interim report and answer for any pay period for which
no amount from the judgment debtor's personal disposable earnings during that
pay period was withheld for that order.

(e)
A garnishee to whom a municipal or county
court or court of common pleas issues a continuous order of garnishment of
personal earnings may deduct a processing fee of up to three dollars from the
amount withheld from the judgment debtor's personal disposable earnings for
each pay period of the judgment debtor that an amount from the judgment
debtor's personal disposable earnings was withheld for that order. A garnishee
shall not deduct the processing fee for any pay period in which no amount from
the judgment debtor's personal disposable earnings during that pay period was
withheld for that order and no garnishee's interim report and answer is filed.
The garnishee's processing fee shall not be charged as court costs.

(a)
Subject to division (D) of this section,
if a continuous order of garnishment of personal earnings ceases to remain in
effect because of the operation of division (C)(1) of this section, the
garnishee shall file with the municipal or county court or the court of common
pleas that issued the order the garnishee's final report and answer. The final
report and answer shall be substantially in the form set forth in section
2716.08 of the Revised Code and
shall specifically state all of the following:

(i)
The date that the garnishee received the
continuous order of garnishment of personal earnings;

(ii)
The total probable amount due on the
judgment, as described in division (B) of this section;

(iii)
The total amount of the judgment
debtor's personal disposable earnings that the garnishee has withheld and paid
to the court while the order remained in effect;

(iv)
The reason listed in division (C)(1) of
this section that precludes the continuation of the withholding of the
specified amount of the judgment debtor's personal disposable earnings in
accordance with the order. This reason shall be stated only if the total
probable amount due on the judgment, as described in division (B) of this
section, is not the total amount of the judgment debtor's personal disposable
earnings that the garnishee withheld and paid to the court while the order
remained in effect and if the reason that the order has ceased to remain in
effect is described in division (C)(1)(c), (d), (e), or (f) of this section.

(b)
A garnishee shall
prepare each final report and answer in triplicate, shall submit one complete
and signed copy of that document to the court in accordance with division
(C)(5)(a) of this section, shall retain one complete and signed copy of that
document for the garnishee's records, and shall deliver one complete and signed
copy of that document to the judgment debtor.

(1)
Except as provided in division (D)(2) of this section, if a garnishee receives
an order of garnishment of personal earnings with respect to a particular
judgment debtor and if, at the time of the receipt of that order, the garnishee
is the subject of a previously received continuous order of garnishment of
personal earnings with respect to the same judgment debtor, the previous order
shall cease to remain in effect as described in division (C)(1)(f) of this
section. However, for the time period up to and including the full pay period
within which the one hundred eighty-second day from the date that the garnishee
began processing the previous order falls, the garnishee shall withhold the
specified amount from the judgment debtor's personal earnings in accordance
with the previous order. During that time period, the previous order shall be
deemed a higher priority order. Upon the expiration of that final full pay
period, the garnishee shall comply with division (C)(5) of this section.

(2)
If a garnishee receives an
order of garnishment of personal earnings with respect to a particular judgment
debtor, if, at the time of the receipt of that order, the garnishee is the
subject of a previously received continuous order of garnishment of personal
earnings with respect to the same judgment debtor, and if the law of this state
or of the United States provides that the subsequent order has a higher
priority than the previous order, the previous order shall cease to remain in
effect as described in division (C)(1)(e) of this section. However, for the
time period up to and including the full pay period within which the one
hundred eighty-second day from the date the garnishee began processing the
previous order falls, the garnishee shall comply with division (D)(3)(c)(ii) of
this section. Upon the expiration of that final full pay period, the garnishee
shall comply with division (C)(5) of this section.

(a)
Except as provided in division (D)(2) and (3)(b) and (c) of this section, if a
garnishee receives an order of garnishment of personal earnings with respect to
a particular judgment debtor and if, at the time of the receipt of that order,
the garnishee is the subject of a previously received continuous order of
garnishment of personal earnings with respect to the same judgment debtor, the
garnishee shall do both of the following:

(i)
The garnishee shall process the subsequent order in the order in which the
garnishee receives it, commencing with the first full pay period beginning
after the subsequent order reaches highest priority, and only after all
previously received orders of garnishment of personal earnings with respect to
the same judgment debtor have been processed for a time period up to and
including the full pay period within which the one-hundred-eighty-second day
from the first processing date falls or have ceased to remain in effect for a
reason listed in division (C)(1) of this section.

(ii)
When, pursuant to the procedure required
by division (D)(3)(a)(i) of this section for the stacking of orders of
garnishment of personal earnings with respect to the same judgment debtor, the
subsequent order reaches highest priority, the garnishee, commencing with the
first full pay period beginning after the subsequent order reaches highest
priority, shall process the subsequent order until the subsequent order ceases
to remain in effect for a reason listed in division (C)(1) of this section.

(b)
If a garnishee
receives an order of garnishment of personal earnings with respect to a
particular judgment debtor, if, at the time of the receipt of that order, the
garnishee is the subject of a previously received continuous order of
garnishment of personal earnings with respect to the same judgment debtor, and
if the previous order has a higher priority under division (D)(1) or (3)(a) of
this section, the garnishee shall do both of the following:

(i)
The garnishee shall withhold from the
judgment debtor's personal earnings during each pay period the amount,
calculated each pay period at the statutory percentage, of the judgment
debtor's personal disposable earnings during each pay period specified in the
previous order for the requisite time period up to and including the full pay
period within which the one-hundred-eighty-second-processing day falls or until
the previous order ceases to remain in effect for a reason listed in division
(C)(1) of this section.

(ii)
If
the maximum amount of the personal earnings of the judgment debtor that may be
garnished during each pay period under the law of this state or of the United
States is not exceeded after the application of division (D)(3)(b)(i) of this
section, the garnishee shall withhold from the judgment debtor's personal
disposable earnings during each pay period the amount, calculated each pay
period at the statutory percentage, specified in one or more of the subsequent
orders, in their order of priority, commencing with the first full pay period
beginning after the subsequent order reaches priority, until the maximum
amount, calculated each pay period at the statutory percentage, of the personal
disposable earnings of the judgment debtor that may be garnished during each
pay period under the law of this state or of the United States is reached and
as long as the requisite time period up to and including the full pay period
within which the one-hundred-eighty-second processing day falls has not expired
with respect to a subsequent order and the subsequent order has not ceased to
remain in effect for a reason listed in division (C)(1) of this section.

(c)
If a garnishee
receives an order of garnishment of personal earnings with respect to a
particular judgment debtor, if, at the time of the receipt of that order, the
garnishee is the subject of a previously received continuous order of
garnishment of personal earnings with respect to the same judgment debtor, and
if the subsequent order has a higher priority under division (D)(2) of this
section, the garnishee shall do both of the following:

(i)
The garnishee shall withhold from the
judgment debtor's personal disposable earnings during each pay period the
amount, calculated each pay period at the statutory percentage, specified in
the subsequent order, commencing with the first full pay period beginning after
the subsequent order reaches priority.

(ii)
If the maximum amount of the personal
earnings of the judgment debtor that may be garnished during each pay period
under the law of this state or of the United States is not exceeded after the
application of division (D)(3)(c)(i) of this section, the garnishee shall
withhold from the judgment debtor's personal disposable earnings during each
pay period the amount, calculated each pay period at the statutory percentage,
of the judgment debtor's personal disposable earnings during each pay period
specified in one or more of the previous orders, in their order of priority,
until the maximum amount of the personal earnings of the judgment debtor that
may be garnished during each pay period under the law of this state or of the
United States is reached and as long as the requisite time period up to and
including the full pay period within which the one-hundred-eighty-second
processing day falls has not expired with respect to a previous order and the
previous order has not ceased to remain in effect for a reason listed in
division (C)(1) of this section.

(E)
If a garnishee receives an order of
garnishment of personal earnings with respect to a particular judgment debtor
and if, at the time of the receipt of that order, the garnishee is the subject
of one or more previously received continuous orders of garnishment of personal
earnings with respect to the same judgment debtor, the garnishee shall include
in its answer of employer filed pursuant to section
2716.05 of the Revised Code in
relation to the subsequent order all of the following information:

(1)
The name of the court that issued the
subsequent order and each previous order and the case number associated with
each of those orders;

(2)
The date
that the garnishee received the subsequent order and each previous order;

(3)
With respect to the subsequent
order and each previous order, the balance due to the relevant judgment
creditor at the time of the filing of the answer of employer. The garnishee
shall calculate the balance due in relation to a particular order by
subtracting the total amount of the judgment debtor's personal earnings that
the garnishee previously has withheld and paid to the court pursuant to that
order from the total probable amount due on the judgment underlying that order,
as described in division (B) of this section.

The garnishee shall be served, in the same manner as a summons
is served, with three copies of the order of garnishment of personal earnings
and of a written notice that the garnishee answer as provided in division (E)
of section
2716.041 of the Revised Code, this
section, and section
2716.21 of the Revised Code and
with the garnishee's fee required by section
2716.04 of the Revised Code. The
garnishee also shall be served, at that time, with two copies of the notice to
the judgment debtor form and of the request for hearing form described in
section 2716.06 of the Revised Code, one
copy of the interim report and answer form described in section
2716.07 of the Revised Code, one
copy of the employer guide to processing continuous orders of garnishment, and
one copy of the final report and answer form described in section
2716.08 of the Revised Code.

A court of common pleas or municipal or county court that
issues an order of garnishment of personal earnings has jurisdiction to serve
process pursuant to this section upon a garnishee who does not reside within
the territorial jurisdiction of the court. If the garnishee does not reside
within the territorial jurisdiction of the court that issued the order, the
process may be served upon the garnishee by the proper officer of the county in
which the garnishee resides or may be served upon the garnishee by personal
service by the court, by sending it to the garnishee by certified mail, return
receipt requested, or by sending it to the garnishee by regular mail evidenced
by a properly completed and stamped certificate of mailing by regular mail.

The order of garnishment of personal earnings shall bind the
personal earnings of the judgment debtor due from the garnishee at the time of
service in accordance with this section. The order of garnishment of personal
earnings and notice to answer shall be in substantially the following form:

"ORDER AND NOTICE OF GARNISHMENT

AND ANSWER OF EMPLOYER

Docket No. ...................

Case No. .....................

In the ................. Court

........................, Ohio

The State of Ohio

County of ....................., ss

......................., Judgment Creditor

......................., Judgment Debtor

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

To: ............................................, Garnishee

The judgment creditor in the above case has filed an affidavit,
satisfactory to the undersigned, in this court stating that you may owe the
judgment debtor money for personal earnings .

You are therefore ordered to complete the "ANSWER OF EMPLOYER
(GARNISHEE)" in section B of this form. Return one completed and signed copy of
this form to the clerk of this court within five (5) business days after you
receive this order of garnishment. Deliver one completed and signed copy of
this form and the accompanying documents entitled "NOTICE TO THE JUDGMENT
DEBTOR" and "REQUEST FOR HEARING" to the judgment debtor. Keep the other
completed and signed copy of this form for your files.

(The total probable amount now due on this judgment is
$................... The total probable amount now due includes the unpaid
portion of the judgment in favor of the judgment creditor, which is $........;
interest on that judgment and, if applicable, prejudgment interest relative to
that judgment at the rate of .....% per annum payable until that judgment is
satisfied in full; and court costs in the amount of $..........)

This order of garnishment of personal earnings is a continuous
order that generally requires you to withhold a specified amount, calculated
each pay period at the statutory percentage, of the judgment debtor's personal
disposable earnings during each pay period, as determined in accordance with
the "INTERIM REPORT AND ANSWER OF GARNISHEE," from the judgment debtor's
personal disposable earnings during each pay period of the judgment debtor
commencing with the first full pay period beginning after you receive the order
until the judgment in favor of the judgment creditor and the associated court
costs, judgment interest, and, if applicable, prejudgment interest awarded to
the judgment creditor as described above have been paid in full. You generally
must pay that specified amount, calculated each pay period at the statutory
percentage, to the clerk of this court within thirty (30) days after the end of
each pay period of the judgment debtor and must include with that specified
amount calculated each pay period at the statutory percentage an "INTERIM
REPORT AND ANSWER OF GARNISHEE" substantially in the form set forth in section
2716.07 of the Ohio Revised Code.
A copy of the "INTERIM REPORT AND ANSWER OF GARNISHEE" is attached to this
order of garnishment of personal earnings, and you may photocopy it to use each
time you pay the specified amount to the clerk of this court. You are permitted
to deduct a processing fee of up to three dollars from the judgment debtor's
personal disposable earnings for any pay period of the judgment debtor that an
amount was withheld for that order (the processing fee is not a part of the
court costs). You are not required to file with the court the "INTERIM REPORT
AND ANSWER OF GARNISHEE" for any pay period of the judgment debtor for which an
amount from the judgment debtor's personal disposable earnings during that pay
period was not withheld for that order.

This order of garnishment of personal earnings generally will
remain in effect until one of the following occurs:

(1) The total probable amount due on the judgment as described
above is paid in full as a result of your withholding of the specified amount,
calculated each pay period at the statutory percentage, from the judgment
debtor's personal disposable earnings during each pay period of the judgment
debtor that commenced with the first full pay period beginning after you
received the order.

(2) The judgment creditor or the judgment creditor's attorney
files with this court a written notice that the total probable amount due on
the judgment as described above has been satisfied or the judgment creditor or
the judgment creditor's attorney files a written request to terminate this
order of garnishment and release you from the mandate of this order of
garnishment.

(3) A municipal or county court appoints a trustee for the
judgment debtor and issues to you an order that stays this order of garnishment
of personal earnings.

(4) A federal bankruptcy court issues to you an order that
stays this order of garnishment of personal earnings.

(5) A municipal or county court or a court of common pleas
issues to you another order of garnishment of personal earnings that relates to
the judgment debtor and a different judgment creditor, and Ohio or federal law
provides the other order with a higher priority than this order.

(6) A municipal or county court or a court of common pleas
issues to you another order of garnishment of personal earnings that relates to
the judgment debtor and a different judgment creditor and that does not have a
higher priority than this order.

(7) The judgment creditor or the judgment creditor's attorney
files with this court a written request to terminate and release the order of
garnishment, and as a result, the order of garnishment will cease to remain in
effect.

Under any of the circumstances listed above, you are required
to file with this court a "FINAL REPORT AND ANSWER OF GARNISHEE" substantially
in the form set forth in section
2716.08 of the Ohio Revised Code.
A copy of the "FINAL REPORT AND ANSWER OF GARNISHEE" is attached to this order
of garnishment of personal earnings. Under the circumstances listed in (5) and
(6) above, you must cease processing this order of garnishment after the
expiration of the full pay period within which the one hundred eighty-second
(182) day after you began processing it falls.

Special stacking, priority of payment, and manner of payment
rules apply when a garnishee receives multiple orders of garnishment with
respect to the same judgment debtor. These rules are set forth in section
2716.041 of the Ohio Revised Code.
An employer guide to processing continuous orders of garnishment is included
with this order of garnishment. You should become familiar with these rules.

Witness my hand and the seal of this court this ........... day
of ..................., ...... ..............................Judge

SECTION B. ANSWER OF EMPLOYER (GARNISHEE)

(An employer is one who is required to withhold payroll taxes
out of payments of personal earnings made to the judgment debtor.)

(Answer all pertinent questions)

Now comes ..............................., the employer
(garnishee) herein, who says:

1. This order of garnishment of personal earnings was received
on ............

Yes No

2. The judgment debtor is in my/our employ...... .....

If answer is "No," give date of lastemployment. (2) ...........

Yes No

3. (A) Is the debt to which this order of garnishment of
personal earnings pertains the subject of an existing agreement for debt
scheduling between the judgment debtor and a budget and debt counseling service
and has the judgment debtor made every payment that was due under the agreement
for debt scheduling no later than forty-five days after the date on which the
payment was due?..... .....

If the answer to both parts of this question is "Yes," give all
available details of the agreement, sign this form, and return it to the
court.3(A)..............

.............................................................

.............................................................

Yes No

(B) Were you, on the date that you received this order of
garnishment of personal earnings, withholding moneys from the judgment debtor's
personal disposable earnings pursuant to another order of garnishment of
personal earnings that Ohio or federal law provides with a higher priority than
this order of garnishment of personal earnings (such as a support order or
Internal Revenue service Service levy)? ..... .....

If the answer to this question is "Yes," give the name of the
court that issued the higher priority order, the associated case number, the
date upon which you received that order, and the balance due to the relevant
judgment creditor under that order.3(B)..............

.............................................................

Yes No

(C) Did you receive prior to the date that you received this
order of garnishment of personal earnings one or more other orders of
garnishment of personal earnings that are not described in question 3(B), and
are you currently processing one or more of those orders for the statutorily
required time period or holding one or more of those orders for processing for
a statutorily required period in the sequence of their receipt by you?.....
.....

If the answer to this question is "Yes," give the name of the
court that issued each of those previously received orders, the associated case
numbers, the date upon which you received each of those orders, and the balance
due to the relevant judgment creditor under each of those orders. List first
the previously received order(s) that you are currently processing, and list
each of the other previously received orders in the sequence that you are
required to process them. 3(C)..............

.............................................................

.............................................................

.............................................................

I certify that the statements above are true.

..............................

(Print Name of Employer)

..............................

(Print Name and Title of Person Who Completed Form on behalf of
the Employer)

Signed ........................................................

(Signature of Employer or Employer's Agent)

Dated this ........... day of ..........., ....."

Section A of the form described in this section shall be
completed before service. Section B of the form shall be completed by the
garnishee, and the garnishee shall file one completed and signed copy of the
form with the clerk of the court as the garnishee's answer. The garnishee may
keep one completed and signed copy of the form and shall deliver the other
completed and signed copy of the form to the judgment debtor not later than the
time that the garnishee otherwise would pay the judgment debtor the personal
earnings that the garnishee instead is paying to the court. The garnishee also
shall deliver at that time the two copies of the notice to the judgment debtor
form and of the request for hearing form described in section
2716.06 of the Revised Code that
were served on the garnishee.

No employer shall discharge an employee solely because of the
successful garnishment of the employee's personal earnings by only one judgment
creditor in any twelve-month period.

If several affidavits seeking orders of garnishment of personal
earnings are filed against the same judgment debtor in accordance with section
2716.03 of the Revised Code, the
court involved shall issue the requested orders in the same order in which the
clerk received the associated affidavits.

The garnishee also shall be served with a copy of the employer
guide to processing continuous orders of garnishment at the same time that the
forms as provided in this section are served upon the garnishee.

(A)
The notice to the judgment debtor that
must be served on the garnishee and delivered to the judgment debtor shall be
in substantially the following form:

"(Name and Address of the Court)

(Case Caption) Case No. .......

NOTICE TO THE JUDGMENT DEBTOR

You are hereby notified that this court has issued an order in
the above case in favor of (name and address of judgment creditor), the
judgment creditor in this proceeding, directing that some of your personal
earnings be used in satisfaction of your debt to the judgment creditor instead
of being paid to you. This order was issued on the basis of the judgment
creditor's judgment against you that was obtained in (name of court) in (case
number) on (date).

The law of Ohio provides that you are entitled to keep a
certain amount of your personal earnings free from the claims of creditors.
Additionally, wages under a certain amount may never be used to satisfy the
claims of creditors. The documents entitled "ORDER AND NOTICE OF GARNISHMENT
AND ANSWER OF EMPLOYER" that are enclosed with this notice show how the amount
proposed to be taken out of your personal earnings was calculated by your
employer.

If you dispute the judgment creditor's right to garnish your
personal earnings and believe that you are entitled to possession of the
personal earnings because they are exempt or if you feel that this order is
improper for any other reason, you may request a hearing before this court by
disputing the claim in the request for hearing form, appearing below, or in a
substantially similar form, and delivering the request for hearing to this
court at the above address, at the office of the clerk of this court, no later
than the end of the fifth business day after you receive this notice. You may
state your reasons for disputing the judgment creditor's right to garnish your
personal earnings in the space provided on the form; however, you are not
required to do so. If you do state your reasons for disputing the judgment
creditor's right, you are not prohibited from stating any other reason at the
hearing. If you do not state your reasons, it will not be held against you by
the court, and you can state your reasons at the hearing. NO OBJECTIONS TO THE
JUDGMENT ITSELF WILL BE HEARD OR CONSIDERED AT THE HEARING. The hearing will be
limited to a consideration of the amount of your personal earnings, if any,
that can be used in satisfaction of the judgment you owe to the judgment
creditor.

If you request a hearing by delivering your request for hearing
no later than the end of the fifth business day after you receive this notice,
it will be conducted no later than twelve days after your request is received
by the court, and the court will send you notice of the date, time, and place.
You may indicate in the form that you believe that the need for the hearing is
an emergency and that it should be given priority by the court. If you do so,
the court will schedule the hearing as soon as practicable after your request
is received and will send you notice of the date, time, and place. If you do
not request a hearing by delivering your request for hearing no later than the
end of the fifth business day after you receive this notice, some of your
personal earnings will be paid to the judgment creditor.

If you have any questions concerning this matter, you may
contact the office of the clerk of this court. If you want legal
representation, you should contact your lawyer immediately. If you need the
name of a lawyer, contact the local bar association.

..................................................

Clerk of Court

..................................................

Date"

(B)
The request
for hearing form that must be served on the garnishee and delivered to the
judgment debtor shall have attached to it a postage-paid, self-addressed
envelope or shall be on a postage-paid, self-addressed postcard, and shall be
in substantially the following form:

"(Name and Address of Court)

Case Number ......... Date .........

REQUEST FOR HEARING

I dispute the judgment creditor's right to garnish my personal
earnings in the above case and request that a hearing in this matter be held no
later than twelve days after delivery of this request to the court.

I ................... feel that the need for the

(insert "do" or "do not") hearing is an emergency.

I dispute the judgment creditor's right to garnish my personal
earnings for the following reasons:

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS
COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT
TO A HEARING, AND SOME OF YOUR PERSONAL EARNINGS WILL BE PAID TO (JUDGMENT
CREDITOR'S NAME) IN SATISFACTION OF YOUR DEBT TO THE JUDGMENT CREDITOR."

(C)
The judgment debtor may receive a
hearing in accordance with this division by delivering a written request for a
hearing to the clerk of the court within five business days after receipt of
the notice provided pursuant to division (A) of this section. The request may
set forth the judgment debtor's reasons for disputing the judgment creditor's
right to garnish the personal earnings; however, neither the judgment debtor's
inclusion of nor the judgment debtor's failure to include those reasons upon
the request constitutes a waiver of any defense of the judgment debtor or
affects the judgment debtor's right to produce evidence at the hearing. If the
request is made by the judgment debtor within the prescribed time, the court
shall schedule a hearing no later than twelve days after the request is made,
unless the judgment debtor indicated that the judgment debtor felt the need for
the hearing was an emergency, in which case the court shall schedule the
hearing as soon as practicable after the request is made. Notice of the date,
time, and place of the hearing shall be sent to the parties in accordance with
division (E) of this section. The hearing shall be limited to a consideration
of the amount of the personal earnings of the judgment debtor, if any, that can
be used in satisfaction of the debt owed by the judgment debtor to the judgment
creditor.

(D)
If the judgment
debtor does not request a hearing within the prescribed time pursuant to
division (C) of this section, the court shall issue an order to the garnishee
to pay some of the judgment debtor's personal disposable earnings into court,
if they have not already been paid to the court. This order shall be based on
the answer of the garnishee filed pursuant to section
2716.05 of the Revised Code. If a
hearing is conducted, the court shall determine at the hearing the amount,
calculated each pay period at the statutory percentage, of the judgment
debtor's personal disposable earnings for the present pay period, if any, that
can be used in satisfaction of the debt owed by the judgment debtor to the
judgment creditor, and issue an order, accordingly, to the garnishee to pay
that amount, calculated each pay period at the statutory percentage, of the
personal disposable earnings into court if it has not already been paid to the
court.

(E)
If the judgment debtor
requests a hearing within the prescribed time pursuant to division (C) of this
section, the clerk shall send a notice of the date, time, and place of the
hearing by regular mail to the judgment creditor or the judgment creditor's
attorney and the judgment debtor.

(A)
Subject to
divisions (C)(1) and (D) of section
2716.041 and section
2716.05 of the Revised Code, a
garnishee to whom a municipal or county court or court of common pleas issues a
continuous order of garnishment of personal earnings shall pay to the court
within thirty days after the end of each pay period of the judgment debtor,
commencing with the first full pay period beginning after the garnishee
receives the ORDER AND NOTICE OF GARNISHMENT AND ANSWER OF EMPLOYER, the
amount, calculated each pay period at the statutory percentage, that the order
specifies to be withheld from the judgment debtor's personal disposable
earnings during each pay period of the judgment debtor following the
garnishee's receipt of the order. The payment to the court of that amount shall
be accompanied by the garnishee's interim report and answer that shall be
substantially in the following form:

"INTERIM REPORT AND ANSWER OF

GARNISHEE

Case No. . . . . . . . . . . . . . . . . . .

In The . . . . . . . . . . . . . . Court

. . . . . . . . . . . . . . . . . . . . . , Ohio

. . . . . . ., Judgment Creditor vs .

. . . . . . ., Judgment Debtor

The garnishee, ........., in the above case states as follows:

1.
The date that the garnishee
received the order of garnishment of the judgment debtor's personal earnings
was .................

2.
The total
probable amount due on the judgment, including court costs, judgment interest,
and, if applicable, prejudgment interest, as stated in either section A of the
order of garnishment of the judgment debtor's personal earnings or in the
affidavit of current balance due on garnishment order if that affidavit has
been received subsequent to the order of garnishment, is $.............

3.
The pay period of the judgment
debtor is (enter weekly, biweekly, semimonthly, or monthly. Do not enter a pay
period of more than one month).

4.
The disposable earnings of the judgment debtor earned during the judgment
debtor's present pay period is ("disposable earnings" means earnings after
deductions required by law. "Present pay period" means the pay period for which
you are completing this INTERIM REPORT AND ANSWER OF GARNISHEE.) $ ...........

5.
The amount equal to twenty-five
per cent (25%) of the judgment debtor's disposable earnings set forth in
section 4 of this form is $ ............................................

7.
The amount by which the amount
in section 4 of this form exceeds the amount in section 6 of this form is
.............

8.
The smallest of
either the amount entered in section 5 of this form, the amount entered in
section 7 of this form, or the amount entered in section 2 of this form, is
$............

9.
The amount
entered in section 8 of this form, plus or minus (as appropriate) the
garnishee's processing fee is $............ (if the amount entered in section 8
of this form equals the amount entered in section 2 of this form, then add up
to three dollars ($3); otherwise subtract up to three dollars ($3))

10.
Other deductions $11. The calculated
amount that has been withheld from the judgment debtor's personal earnings
during the judgment debtor's present pay period and that is submitted with this
"INTERIM REPORT AND ANSWER OF GARNISHEE" is $..............

I certify that the statements above are true.

.......................................................

(Print Name of Employer)

.......................................................

(Print Name and Title of

Person who Completed Form)

Signed
..........................................................................

(Signature of Person Who Completed Form) dated this ....... day
of .........., ......"

(B)
One copy
of the interim report and answer shall be served upon the garnishee in
accordance with section
2716.05 of the Revised Code. The
garnishee may photocopy that copy for use in accordance with division (A) of
this section and division (C)(4) of section
2716.041 of the Revised Code.

(C)
A garnishee to whom a
municipal or county court or court of common pleas issues a continuous order of
garnishment of personal earnings shall file with the court the garnishee's
interim report and answer for each pay period of the judgment debtor for which
an amount from the judgment debtor's personal disposable earnings during that
pay period was withheld for that order. The garnishee is not required to file
an interim report and answer for any pay period for which no amount from the
judgment debtor's personal disposable earnings during that pay period was
withheld for that order.

(A)
Subject to division (D) of section
2716.041 of the Revised Code, if a
continuous order of garnishment of personal earnings ceases to remain in effect
because of the operation of division (C)(1) of that section, the garnishee
shall file with the municipal or county court or court of common pleas that
issued the order the garnishee's final report and answer that shall be
substantially in the following form:

"FINAL REPORT AND ANSWER OF

GARNISHEE

Case No. . . . . . . . . . . . . . . . . . .

In The . . . . . . . . . . . . . . Court

. . . . . . . . . . . . . . . . . . . . . , Ohio

. . . . . . ., Judgment Creditor vs .

. . . . . . ., Judgment Debtor

The garnishee, ........., in the above case states as follows:

1.
The date that the garnishee
received the order of garnishment of the judgment debtor's personal earnings
was .................

2.
The total
probable amount due on the judgment, including court costs, judgment interest,
and, if applicable, prejudgment interest, as stated in section A of the order
of garnishment of the judgment debtor's personal earnings, is $................

3.
The total amount that has been
withheld from the judgment debtor's personal disposable earnings and paid to
the court while the order of garnishment of the judgment debtor's personal
earnings remained in effect is $.................

4.
(When applicable) the total probable
amount due on the judgment (as stated in 2 above) is not equal to the total
amount that has been withheld (as stated in 3 above), and the reason for that
difference is that the order of garnishment of the judgment debtor's personal
earnings ceased to be in effect for the following statutorily prescribed
reason(s) (check whichever apply):

(a)
.....
A municipal or county court appointed a trustee for the judgment debtor and
issued an order that stays the order of garnishment of the judgment debtor's
personal earnings.

(b)
..... A
federal bankruptcy court issued an order that stays the order of garnishment of
the judgment debtor's personal earnings.

(c)
..... A municipal or county court or a
court of common pleas issued another order of garnishment of personal earnings
that relates to the judgment debtor and a different judgment creditor, and Ohio
or federal law provides the other order a higher priority. (Set forth the name
of the court that issued the higher priority order, the associated case number,
the date that the higher priority order was received, and the balance due to
the relevant judgment creditor under that order):

(d)
..... A municipal or
county court or a court of common pleas issued another order of garnishment of
personal earnings that relates to the judgment debtor and a different judgment
creditor and that is not described in 4(c) above. (Set forth the name of the
court that issued the subsequently received order, the associated case number,
the date that the subsequent order was received, and the balance due to the
relevant judgment creditor under that order):

(e)
..... The judgment
creditor or judgment creditor's attorney has issued a request that the order of
garnishment be terminated and the garnishee released from the mandates of the
order of garnishment.

Signed
.........................................................................

(Signature of Employer or Employer's Agent)

Dated this ....... day of .........., ......"

(B)
One copy of the final report and answer
shall be served upon the garnishee in accordance with section
2716.05 of the Revised Code. The
garnishee shall use the final report and answer in accordance with division (A)
of this section and division (C)(5) of section
2716.041 of the Revised Code.

(A)
Except as otherwise provided in this section, a municipal or county court or
court of common pleas does not have jurisdiction to modify and interrupt the
processing of an order of garnishment of personal earnings that that court
issued in a proceeding in garnishment of personal earnings under this chapter
unless all of the following apply:

(1)
The
judgment creditor and the judgment debtor associated with that order jointly
apply to that court for the modification and interruption.

(2)
That judgment creditor and judgment
debtor jointly agree that the amount of the judgment debtor's personal
disposable earnings that is required to be withheld during each pay period
under that court's order should be modified to a mutually agreed upon and
specified amount and that the garnishee should withhold that specified amount
until the judgment in favor of the judgment creditor and the associated court
costs, judgment interest, and, if applicable, prejudgment interest awarded to
the judgment creditor have been paid in full or until that court's order
otherwise ceases to remain in effect under division (C)(1) of section
2716.041 of the Revised Code.

(3)
That court enters an order
that approves of the modification described in division (A)(2) of this section
and causes a copy of that order to be served upon the garnishee in the same
manner as process is served.

(B)
A judgment creditor or judgment
creditor's attorney may request that the clerk of the court that issued an
order of garnishment of personal earnings disburse the garnishment proceeds on
a less frequent basis than is otherwise provided by this chapter. Upon
receiving the request, the clerk may elect to disburse the garnishment proceeds
on a time schedule other than that as provided by this chapter.

A proceeding for garnishment of property, other than personal
earnings, may be commenced after a judgment has been obtained by a judgment
creditor by the filing of an affidavit in writing made by the judgment creditor
or the judgment creditor's attorney setting forth all of the following:

(A)
The name of the judgment debtor whose
property the judgment creditor seeks to garnish;

The affidavit required by section
2716.11 of the Revised Code in a
proceeding for garnishment of property, other than personal earnings, shall be
accompanied by one dollar as the garnishee's fee for compliance with the order,
no part of which shall be charged as court costs.

(A)
Upon the filing of a proceeding in
garnishment of property, other than personal earnings, under section
2716.11 of the Revised Code, the
court shall cause the matter to be set for hearing within twelve days after
that filing.

(B)
Upon the
scheduling of a hearing relative to a proceeding in garnishment of property,
other than personal earnings, under division (A) of this section, the clerk of
the court immediately shall issue to the garnishee three copies of the order of
garnishment of property, other than personal earnings, and of a written notice
that the garnishee answer as provided in section
2716.21 of the Revised Code and
the garnishee's fee required by section
2716.12 of the Revised Code. The
copies of the order and of the notice shall be served upon the garnishee in the
same manner as a summons is served and the clerk shall also mail a copy of the
order and notice of garnishment to the garnishee by ordinary or regular mail
service. The copies of the order and of the notice shall not be served later
than seven days prior to the date on which the hearing is scheduled. The order
shall bind the property in excess of four hundred dollars, other than personal
earnings, of the judgment debtor in the possession of the garnishee at the time
of service. Any garnishee that garnishes the property, other than personal
earnings, of a judgment debtor in good faith reliance upon the order and notice
of garnishment received by ordinary or regular mail service shall not be liable
for damages in any civil action.

The order of garnishment of property, other than personal
earnings, and notice to answer shall be in substantially the following form:

"ORDER AND NOTICE OF GARNISHMENT OF PROPERTY OTHER THAN
PERSONAL EARNINGS AND ANSWER OF GARNISHEE

The judgment creditor in the above case has filed an affidavit,
satisfactory to the undersigned, in this Court stating that you may have money,
property, or credits, other than personal earnings, in your hands or under your
control that belong to the judgment debtor.

You are therefore ordered to complete the "ANSWER OF GARNISHEE"
in section (B) of this form. Return one completed and signed copy of this form
to the clerk of this court together with the amount determined in accordance
with the "ANSWER OF GARNISHEE" by the following date on which a hearing is
tentatively scheduled relative to this order of garnishment: ............
Deliver one completed and signed copy of this form to the judgment debtor prior
to that date. Keep the other completed and signed copy of this form for your
files.

The total probable amount now due on this judgment is
$.......... The total probable amount now due includes the unpaid portion of
the judgment in favor of the judgment creditor, which is $..........; interest
on that judgment and, if applicable, prejudgment interest relative to that
judgment at the rate of .....% per annum payable until that judgment is
satisfied in full; and court costs in the amount of $...........

You also are ordered to hold safely anything of value that
belongs to the judgment debtor and that has to be paid to the court, as
determined under the "ANSWER OF GARNISHEE" in section (B) of this form, but
that is of such a nature that it cannot be so delivered, until further order of
the court.

Witness my hand and the seal of this court this .......... day
of .........., ..........

3.
If the answer to line 1 is "yes" and the amount is less than the probable
amount now due on the judgment, as indicated in section (A) of this form, sign
and return this form and pay the amount of line 1 to the clerk of this court.

4.
If the answer to line 1 is
"yes" and the amount is greater than that probable amount now due on the
judgment, as indicated in section (A) of this form, sign and return this form
and pay that probable amount now due to the clerk of this court.

5.
If the answer to line 1 is "yes" but the
money, property, or credits are of such a nature that they cannot be delivered
to the clerk of the court, indicate that by placing an "X" in this space:
...... Do not dispose of that money, property, or credits or give them to
anyone else until further order of the court.

6.
If the answer to line 1 is "no," sign and
return this form to the clerk of this court.

I certify that the statements above are true.

..............................

(Print Name of Garnishee)

..............................

(Print Name and Title of Person Who Completed Form)

Signed........................................................

(Signature of Person Completing Form)

Dated this .......... day of .........., ....."

Section A of the form described in this division shall be
completed before service. Section B of the form shall be completed by the
garnishee, and the garnishee shall file one completed and signed copy of the
form with the clerk of the court as the garnishee's answer. The garnishee may
keep one completed and signed copy of the form and shall deliver the other
completed and signed copy of the form to the judgment debtor.

If several affidavits seeking orders of garnishment of
property, other than personal earnings, are filed against the same judgment
debtor in accordance with section
2716.11 of the Revised Code, the
court involved shall issue the requested orders in the same order in which the
clerk received the associated affidavits.

(1)
At
the time of the filing of a proceeding in garnishment of property, other than
personal earnings, under section
2716.11 of the Revised Code, the
judgment creditor also shall file with the clerk of the court a praecipe
instructing the clerk to issue to the judgment debtor a notice to the judgment
debtor form and a request for hearing form. Upon receipt of the praecipe and
the scheduling of a hearing relative to an action in garnishment of property,
other than personal earnings, under division (A) of this section, the clerk of
the court immediately shall serve upon the judgment debtor, in accordance with
division (D) of this section, two copies of the notice to the judgment debtor
form and of the request for hearing form. The copies of the notice to the
judgment debtor form and of the request for hearing form shall not be served
later than seven days prior to the date on which the hearing is scheduled.

(a)
The notice to the judgment debtor that
must be served upon the judgment debtor shall be in substantially the following
form:

"(Name and Address of the Court)

(Case Caption) ......................... Case No. .............

NOTICE TO THE JUDGMENT DEBTOR

You are hereby notified that this court has issued an order in
the above case in favor of (name and address of judgment creditor), the
judgment creditor in this proceeding, directing that some of your money in
excess of four hundred dollars, property, or credits, other than personal
earnings, that now may be in the possession of (name and address of garnishee),
the garnishee in this proceeding, be used to satisfy your debt to the judgment
creditor. This order was issued on the basis of the judgment creditor's
judgment against you that was obtained in (name of court) in (case number) on
(date). Upon your receipt of this notice, you are prohibited from removing or
attempting to remove the money, property, or credits until expressly permitted
by the court. Any violation of this prohibition subjects you to punishment for
contempt of court.

The law of Ohio and the United States provides that certain
benefit payments cannot be taken from you to pay a debt. Typical among the
benefits that cannot be attached or executed upon by a creditor are the
following:

There may be other benefits not included in the above list that
apply in your case.

If you dispute the judgment creditor's right to garnish your
property and believe that the judgment creditor should not be given your money,
property, or credits, other than personal earnings, now in the possession of
the garnishee because they are exempt or if you feel that this order is
improper for any other reason, you may request a hearing before this court by
disputing the claim in the request for hearing form, appearing below, or in a
substantially similar form, and delivering the request for hearing to this
court at the above address, at the office of the clerk of this court no later
than the end of the fifth business day after you receive this notice. You may
state your reasons for disputing the judgment creditor's right to garnish your
property in the space provided on the form; however, you are not required to do
so. If you do state your reasons for disputing the judgment creditor's right,
you are not prohibited from stating any other reason at the hearing. If you do
not state your reasons, it will not be held against you by the court, and you
can state your reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF
WILL BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing, the
hearing will be limited to a consideration of the amount of your money,
property, or credits, other than personal earnings, in the possession or
control of the garnishee, if any, that can be used to satisfy all or part of
the judgment you owe to the judgment creditor.

If you request a hearing by delivering your request for hearing
no later than the end of the fifth business day after you receive this notice,
it will be conducted in .......... courtroom .........., (address of court), at
..... m. on .........., .......... You may request the court to conduct the
hearing before this date by indicating your request in the space provided on
the form; the court then will send you notice of any change in the date, time,
or place of the hearing. If you do not request a hearing by delivering your
request for a hearing no later than the end of the fifth business day after you
receive this notice, some of your money, property, or credits, other than
personal earnings, will be paid to the judgment creditor.

If you have any questions concerning this matter, you may
contact the office of the clerk of this court. If you want legal
representation, you should contact your lawyer immediately. If you need the
name of a lawyer, contact the local bar association.

..............................

Clerk of the Court

..............................

Date"

(b)
The request for hearing form that must be
served upon the judgment debtor shall have attached to it a postage-paid,
self-addressed envelope or shall be on a postage-paid self-addressed postcard,
and shall be in substantially the following form:

"(Name and Address of Court)

Case Number ........................... Date
....................

REQUEST FOR HEARING

I dispute the judgment creditor's right to garnish my money,
property, or credits, other than personal earnings, in the above case and
request that a hearing in this matter be held

..................................................................

(Insert "on" or "earlier than") the date and time set forth in
the document entitled "NOTICE TO THE JUDGMENT DEBTOR" that I received with this
request form.

I dispute the judgment creditor's right to garnish my property
for the following reasons:

..................................................................

(Optional)

..................................................................

..................................................................

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL BE
HEARD OR CONSIDERED AT THE HEARING.

..............................

(Name of Judgment Debtor)

..............................

(Signature)

..............................

(Date)

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK OF THIS
COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT, YOU WAIVE YOUR RIGHT
TO A HEARING AND SOME OF YOUR MONEY, PROPERTY, OR CREDITS, OTHER THAN PERSONAL
EARNINGS, NOW IN THE POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT CREDITOR'S NAME)."

(2)
The judgment
debtor may receive a hearing in accordance with this division by delivering a
written request for hearing to the court within five business days after
receipt of the notice provided pursuant to division (C)(1) of this section. The
request may set forth the judgment debtor's reasons for disputing the judgment
creditor's right to garnish the money, property, or credits, other than
personal earnings; however, neither the judgment debtor's inclusion of nor
failure to include those reasons upon the request constitutes a waiver of any
defense of the judgment debtor or affects the judgment debtor's right to
produce evidence at the hearing. If the request is made by the judgment debtor
within the prescribed time, the hearing shall be limited to a consideration of
the amount of money, property, or credits, other than personal earnings, of the
judgment debtor in the hands of the garnishee, if any, that can be used to
satisfy all or part of the debt owed by the judgment debtor to the judgment
creditor. If a request for a hearing is not received by the court within the
prescribed time, the hearing scheduled pursuant to division (A) of this section
shall be canceled unless the court grants the judgment debtor a continuance in
accordance with division (C)(3) of this section.

(3)
If the judgment debtor does not request a
hearing in the action within the prescribed time pursuant to division (C)(2) of
this section, the court nevertheless may grant a continuance of the scheduled
hearing if the judgment debtor, prior to the time at which the hearing was
scheduled, as indicated on the notice to the judgment debtor required by
division (C)(1) of this section, establishes a reasonable justification for
failure to request the hearing within the prescribed time. If the court grants
a continuance of the hearing, it shall cause the matter to be set for hearing
as soon as practicable thereafter. The continued hearing shall be conducted in
accordance with division (C)(2) of this section.

(4)
The court may conduct the hearing on the
matter prior to the time at which the hearing was scheduled, as indicated on
the notice to the judgment debtor required by division (C)(1) of this section,
upon the request of the judgment debtor. The parties shall be sent notice, by
the clerk of the court, by regular mail, of any change in the date, time, or
place of the hearing.

(5)
If the
scheduled hearing is canceled and no continuance is granted, the court shall
issue an order to the garnishee to pay all or some of the money, property, or
credits, other than personal earnings, of the judgment debtor in the possession
of the garnishee at the time of service of the notice and order into court if
they have not already been paid to the court. This order shall be based on the
answer of the garnishee filed pursuant to this section. If the scheduled
hearing is conducted or if it is continued and conducted, the court shall
determine at the hearing the amount of the money, property, or credits, other
than personal earnings, of the judgment debtor in the possession of the
garnishee at the time of service of the notice and order, if any, that can be
used to satisfy all or part of the debt owed by the judgment debtor to the
judgment creditor, and issue an order, accordingly, to the garnishee to pay
that amount into court if it has not already been paid to the court.

(D)
The notice to the
judgment debtor form and the request for hearing form described in division (C)
of this section shall be sent by the clerk by ordinary or regular mail service
unless the judgment creditor requests that service be made in accordance with
the Rules of Civil Procedure, in which case the forms shall be served in
accordance with the Rules of Civil Procedure. Any court of common pleas that
issues an order of garnishment of property, other than personal earnings, under
this section has jurisdiction to serve process pursuant to this section upon a
garnishee who does not reside within the jurisdiction of the court. Any county
court or municipal court that issues an order of garnishment of property, other
than personal earnings, under this section has jurisdiction to serve process
pursuant to this section upon a garnishee who does not reside within the
jurisdiction of the court.

(A)
If
the answer of a garnishee required by section
2716.05 or
2716.13 of the Revised Code is not
made in writing as ordered by the court that issued the garnishment order, the
answer shall be made before the clerk of the court of common pleas of the
county in which the garnishee resides or, if the garnishee resides outside of
the state, before the clerk of the county in which the garnishee was served or
in which the action is pending. Upon receipt of an answer under this division,
the clerk shall transmit it to the clerk of the court in which the action is
pending, if different, in the same manner as depositions are required to be
directed and transmitted. For the clerk's services, the clerk shall receive the
fees allowed by law for taking depositions and to clerks for furnishing
certificates with their seals of office attached.

(B)
After the order of garnishment is served
on a garnishee, as provided in section
2716.05 or
2716.13 of the Revised Code, the
garnishee shall return the answer to the court that issued the garnishment
order within five business days after receipt of the order if the order is
served under section
2716.05 of the Revised Code or
before the date set for the hearing as indicated on the order if the order is
served under section
2716.13 of the Revised Code. The
garnishee shall answer all questions addressed to the garnishee regarding the
personal earnings of the judgment debtor or regarding the amount of money,
property, or credits, other than personal earnings, of the judgment debtor that
are in the garnishee's possession or under the garnishee's control at the time
of service of the order, whichever is applicable. The garnishee shall truly
disclose the amount owed by the garnishee to the judgment debtor whether due or
not and, in the case of a corporation, any stock held in the corporation by or
for the benefit of the judgment debtor. If a garnishee answers and it is
discovered that, at the time of the service of the order upon the garnishee,
the garnishee possessed any money, property, or credits of the judgment debtor
or was indebted to the judgment debtor, the court may order the payment of the
amount owed into court, or it may permit the garnishee to retain the money,
property, or credits or the amount owed upon the garnishee's executing to the
judgment creditor a bond with sufficient surety to the effect that the amount
will be paid as the court directs.

(C)
If, in a garnishee's answer, a garnishee
admits an indebtedness to the judgment debtor and the court orders the payment
of it in whole or in part to the judgment creditor, and if the garnishee fails
to pay according to the order, execution may issue on the order.

(D)
A garnishee shall pay the personal
earnings owed to the judgment debtor or the money or value of the property or
credits, other than personal earnings, of the judgment debtor in the
garnishee's possession or under the garnishee's control at the time of service
of the order of garnishment, or so much thereof as the court orders, into
court. The garnishee shall be discharged from liability to the judgment debtor
for money so paid and shall not be subjected to costs beyond those caused by
the garnishee's resistance of the claims against the garnishee. A garnishee is
liable to the judgment creditor for all money, property, and credits, other
than personal earnings, of the judgment debtor in the garnishee's possession or
under the garnishee's control or for all personal earnings due from the
garnishee to the judgment debtor, whichever is applicable, at the time the
garnishee is served with the order under section
2716.05 or
2716.13 of the Revised Code.

(E)
If a garnishee fails to answer
as required by this section, answers but fails to answer satisfactorily, or
fails to comply with a proper order of a court in connection with a garnishment
under this chapter, the court may proceed against the garnishee for contempt.

Upon the request of the judgment creditor, a special
examination of a garnishee may be had by the judgment creditor if the garnishee
fails to answer as required by this section, answers but fails to answer
satisfactorily, or fails to comply with a proper order of a court in connection
with the garnishment. That examination may be conducted in the county in which
the garnishee resides.

(1)
If a garnishee fails to answer as
required by this section, answers and the garnishee's answer is not
satisfactory to the judgment creditor, or fails to comply with the order of the
court to pay the money owed or deliver the property into court or to give the
bond authorized under division (B) of this section, the judgment creditor may
proceed against the garnishee by civil action. Thereupon, proceedings may be
had as in other civil actions. Judgment may be rendered in favor of the
judgment creditor for the amount of money owed the judgment debtor in the
garnishee's possession at the time the garnishee was served with the order of
garnishment under section
2716.05 or
2716.13 of the Revised Code and,
if it appears on the trial that the garnishee's answer was incomplete, for the
costs of the proceedings against the garnishee. An action authorized under this
division shall be brought in the county in which the garnishee resides.

(2)
A garnishee who acts, or
attempts to act, in accordance with Chapter 2716. of the Revised Code is not
liable for damages in any civil action for any action taken pursuant to that
chapter in good faith or any omission made in good faith.